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Of the judgment of the first instance, the part against the defendant shall be revoked.
The plaintiff's claim as to the above cancellation is dismissed.
(b) actions;
Reasons
1. Basic facts
A. On April 9, 2018, the Defendant entered into a contract with the Plaintiff to delegate to the Plaintiff the agency work of the lawsuit seeking loans from the Jung Government District Court E (hereinafter “instant lawsuit”) equivalent to KRW 450,000,00 in the lawsuit filed by C against the Defendant. The main contents are as follows.
Article 5 (Participation Remuneration) The success of the above-mentioned senior director shall be paid immediately in accordance with the following classifications:
2. In the case of partial winnings, the amount equivalent to 7% of the economic profits gained by such winnings shall be deemed to have won the whole amount, and the full amount of the successful remuneration prescribed in the preceding Article shall be paid.
1. Where the principal voluntarily waives a claim, or gives consent to the withdrawal or withdrawal of an appeal by the other party or by the other party's appeal;
B. On April 9, 2018, D, May 14, 2018, between each Plaintiff and each Plaintiff, and C, under which the lawsuit filed against G and D was entered into a contract to entrust the Plaintiff with the duties of vicarious performance of the lawsuit for loans claim amounting to KRW 50,000 (hereinafter “instant lawsuit”). The Defendant jointly and severally guaranteed the obligation to pay the agreed amount of G, D, and D (hereinafter “each delegation contract”), and the main contents thereof are as follows.
Article 5 (Participation Remuneration) The success of the above-mentioned senior director shall be paid immediately in accordance with the following classifications:
2. When a part of the award is won, the amount equivalent to 10% of the economic benefits accrued therefrom shall be deemed to have been won in full, and the full amount of the successful remuneration prescribed in the preceding Article shall be paid, if the case is the following:
1. The waiver of a claim at will, or the withdrawal of a lawsuit, or an appeal by the principal;